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The Trump administration has triggered so many legal cases related to its immigration policy that it can be hard to keep track of it all. Here's a roundup of some of the latest major developments:
ICE Arrests of Public Officials
As most readers are aware, Newark Mayor Ras Baraka was arrested on May 9, outside an ICE detention center, and later charged with one count of trespassing. He and three lawmakers, Reps. Bonnie Watson Coleman, LaMonica McIver and Rob Menendez, all Democrats from New Jersey, visited the Delaney Hall facility to inspect it (federal elected officials have legal authority to inspect detention facilities without advance notice) and also to, once again, issue citations for violating local zoning and planning laws. ICE agents at the facility allowed all of them to enter inside the gates, but as they were waiting to be given access inside the facility itself, agents asked Baraka to leave and remain outside the gates. It is undisputed that he left promptly when he was asked to. He stepped outside the gate and stood on the sidewalk with a group of protesters. The three members of Congress joined him on the public sidewalk. That is when several ICE agents, some masked, came out of the gate onto the sidewalk and confronted them. They pushed and shoved the female representatives and arrested Baraka. He was held at the detention facility for several hours before being released. He was later charged with one count of trespassing. After his arrest, the members of Congress were given a tour of the facility and spoke to some of the detainees, which undercuts DHS' claim that they "stormed" the facility. Even people Donald Trump hires know enough not to give a guided tour to someone who just broke into the place.
Trespassing is a misdemeanor offense that carries a maximum punishment of up to 30 days in prison and a fine of $500. In New Jersey, criminal trespass requires entering or remaining in a structure, knowing you have no right to do so. A defense to such a charge is the reasonable belief that they were permitted to enter, like, say, when ICE opened the gate and let them in. Last week was the first status conference before a magistrate judge, during which Baraka requested a preliminary hearing where the prosecutor will have to present their evidence that there is probable cause to move forward. The problem is, there is no such evidence. And so, in a move that should surprise no one, the charges were dropped on Monday night. Presumably, they got the headlines they wanted with the arrest, but when it actually came time to put up the evidence, they said, "Just kidding!"
That said, the Trump administration is not quite done with this little performance piece, because after dropping the charges against Baraka, they announced they were filing charges of assault and obstruction of law enforcement against LaMonica McIver. One wonders how they're going to explain the subsequent tour they gave her and the other officials after she supposedly assaulted an officer? Guess they don't have to concern themselves with those pesky legal facts when they're just trying to make a splash to distract from the frivolous charges against Mayor Baraka. After they're forced to drop these charges, then maybe they will cover that up by filing charges against Bonnie Watson Coleman. Rinse and repeat.
Interestingly, it was just last Friday that "Attorney General" Pam Bondi proposed eliminating the requirement for the Public Integrity Unit to sign off on any indictments of public officials, which serves as a check on politically-motivated prosecutions. No doubt the timing is just a coincidence.
Potential Liability of ICE Officers
The scene outside the Delaney Hall ICE facility was scary to watch, as are the other videos of ICE arrests, including one showing agents shoving a 16-year old girl to the ground before handcuffing her on the street in front of her house as neighbors frantically tried to protect her. In engaging in these types of arrests, while wearing masks to hide their identity and putting the public's safety at risk, these agents are putting themselves at risk of personal and professional liability. They can be held liable for excessive force, civil rights violations, and any dangerous situations that result in harm to members of the public. In addition, DHS regulations require ICE agents to identify themselves before they can detain anyone. The Library of Congress, before it became a wholly-owned subsidiary of Trump, Inc. put out a very helpful primer on the limits of ICE authority.
The bottom line is these officers will most likely get sued and will probably be hit with substantial damages claims.
Charges Against Judge Hannah Dugan
Wisconsin Superior Court judge Hannah Dugan pleaded not guilty to charges of obstructing an official proceeding and concealing a person from arrest. Prosecutors claim that she helped a defendant avoid arrest at the courthouse by letting him and his attorney leave by a door close to her chambers. The defendant was arrested outside the courthouse.
In his first term, Donald Trump had a judge arrested on similar charges, which were later dropped. On Wednesday, Dugan's attorneys filed a motion to dismiss, arguing that she is immune from prosecution because her actions were "official acts" for which she cannot be held liable under the Supreme Court's holding in Trump v. U.S.. Wouldn't that be the height of irony: The decision that gets Trump off the hook also thwarts his intimidation campaign and revenge tour.
John Yoo Weighs In
In a sign of just how extreme the Trump administration's actions are, conservative lawyer John Yoo, author of the infamous torture memo from the halcyon days of the George W. Bush administration, says the administration has gone too far. When the guy who says waterboarding isn't torture and who found novel ways for W. to evade the Geneva convention by ramping up the use of black sites thinks you've gone off the rails, it may be time to recalibrate your meds. In an interview with NPR, Yoo said there is no justification for Trump's use of the Alien Enemies Act and that Congress has not ratified the action as required, nor have the courts. He said that the attacks on 9/11 were widely recognized as an act of war and Congress specifically authorized the use of the Alien Enemies Act to detain people involved in that attack. But Yoo emphasized that even then, anyone detained in the U.S. was entitled to, and was given, due process. Only those captured in Afghanistan or on foreign soil could be held without due process. In light of the recently declassified intelligence community memo that Tren de Aragua is not an arm of the Venezuelan government and that the U.S. has not been "invaded" by Venezuela, there is no basis to invoke the AEA in the first place.
Oh, and about Miller's briliant idea to suspend habeas corpus? Yoo says that would be grounds for impeachment.
This item is not exhaustive, by any means. We expect to have more on these subjects tomorrow. (L)